Environmental Defense Applauds EU Chemicals Policy Proposal

(10 July 2003 - - Washington)  Environmental Defense, a leading U.S. environmental advocacy organization working on chemicals policy, today filed extensive comments with the European Union (EU) applauding draft EU legislation that would help close the huge information gap on the potential risks posed by the tens of thousands of chemicals in use today.  The EU proposal is known as REACH, for Registration, Evaluation, and Authorization of CHemicals.

“While many people assume that chemicals in use for decades must be safe, the truth is we don’t know ? the data needed to show safety simply aren’t available for most of them,” said Dr. Richard Denison, Environmental Defense senior scientist.  “EU’s proposal tackles this issue comprehensively for the first time.  It could eliminate the perversity in current chemicals policies that rewards ignorance rather than knowledge about the potential dangers posed by chemicals.”

Environmental Defense took the unusual step of filing comments on a proposal that directly applies only to member countries of the European Union, not to the U.S., for several reasons.  First, because of its extensive experience in establishing and monitoring analogous - if less ambitious - domestic and international programs, Environmental Defense can offer a number of “lessons learned” that it believes could benefit REACH.  Second, the global nature of chemical manufacturing and use means that chemical risks - and the nature of the knowledge needed to combat them - know no national boundaries.  Third, because REACH affects chemicals imported into as well as manufactured in the EU, most if not all U.S.-based companies that make or use chemicals in their products will have to comply with REACH.  Finally, if successful, REACH will serve as a model for chemicals policy, as well as spur the development of safer alternatives to toxic chemicals, that can be adopted across the globe.

Using a phased-in approach over 11 years, REACH proposes to require that manufacturers or importers of chemicals, or products containing chemicals, in quantities exceeding one metric ton per year register their chemicals through a newly established EU chemicals agency.  Registration would require producers to develop a base set of hazard and exposure/use information and use it to assess risk and develop appropriate risk management measures, both for them and for downstream users of a chemical.  This information would also be made publicly available.  EU countries or the new agency could then use this information to evaluate chemical risks and the adequacy of existing controls, and to restrict certain uses of chemicals found to be of high concern and allow others only if they are authorized.

In its comments (available at www.environmentaldefense.org/go/toxicchemicals), Environmental Defense drew particular attention to the importance of - and the need for improvements in - REACH’s provisions governing:
- public and consumer access to information and opportunities for public involvement;
- use of alternative approaches to direct testing to fill data gaps, which can reduce costs and the use of laboratory animals but should be used only where scientifically justified;
- the minimal requirements proposed for chemical intermediates, which can still pose significant risks in the event of accidents;
- procedures to ensure that information submitted by manufacturers is complete and of sufficient quality;
- use of chemicals in products (termed “articles” under REACH) that reach consumers; and
- incentives to develop and use safer alternatives for chemicals that pose high risks.